CALIFORNIA STATE MONTEREY BAY UNIVERSITY AGENCY AGREEMENT FOR PLACEMENT OF STUDENTS

UNIVERSITY AGENCY AGREEMENT FOR PLACEMENT OF STUDENTS

This agreement (“Agreement”) is between CALIFORNIA STATE UNIVERSITY MONTEREY BAY referred to as "CSUMB" and the agency identified below as "LEARNING SITE." In consideration of the mutual promises set forth below, CSUMB and  LEARNING SITE (“parties”) agree as follows;

I.      STATEMENT OF PURPOSE

A.  California State University, Monterey Bay
California State University, Monterey Bay is committed to service in the community, and applied learning experiences for students. This is accomplished through field education, service learning, internships, research, and other activities that integrate the STUDENT(S)’s academic study with practical experience. Through reflective activities, service, research, and field seminars, students enhance their knowledge of their academic discipline and deepen their sense of civic responsibility, self-awareness, and professional development.

C.  LEARNING SITE and CSUMB recognize the opportunity for meaningful learning experiences for CSUMB on LEARNING SITE and STUDENTS. CSUMB supports the mission of the LEARNING SITE in which students will participate.

II.      STUDENT(S) LEARNING

A.   Program Activities

Activities will be accomplished in accordance with the student’s Learning Plan, reviewed and agreed upon by the STUDENT, CSUMB and LEARNING SITE, optimally prior to the start of the experience or not later than three weeks from the start.

The STUDENT will:

  1. Participate in all relevant trainings by the LEARNING SITE as stated in Section III-A-2, Training and Orientation of this document.
  2. Model professional, ethical and appropriate behavior when working with clients at LEARNING SITE.
  3. Support LEARNING SITE that is a part of the student’s learning experience as specified by the Learning Plan.
  4. Meet the mission of the LEARNING SITE and the related University program in which the STUDENT is enrolled.
  5. Fulfill the specific scope of work duties, identified in the student’s Learning Plan.

B.   Safe and Productive Environment

The LEARNING SITE is committed to providing a safe and productive environment for STUDENTS in the field program.

  1.  The LEARNING SITE will:

a.    Give STUDENT a complete tour of the site, and ensure that STUDENT is aware of all relevant safety policies and emergency procedures and is able to act responsibly in case of an emergency.

b.   California law may require the LEARNING SITE to obtain fingerprints of STUDENT and submit them to the Department of Justice, and/or the Federal Bureau of Investigation, for a criminal background check. It is the LEARNING SITE’s responsibility to: 1) Determine whether such fingerprinting is required; 2) obtain the STUDENT’S fingerprints; and 3) obtain criminal background clearance from the appropriate agency.

c.  California law may require the LEARNING SITE to require STUDENT to submit results of a Tuberculosis (TB) Test. It is the LEARNING SITE’s responsibility to: 1) Determine whether such TB testing is required; (2) to notify CSUMB in writing of this requirement in advance of the student’s placement at the worksite and; (3) obtain results from STUDENT.

d.  The LEARNING SITE representative will notify the appropriate CSUMB program coordinator in writing, within 24 hours of any health & safety hazards and/or incidents of violence that occur at the LEARNING SITE during the contract period.

2.   CSUMB will ensure that STUDENT agrees to the following:

a.    Abide by LEARNING SITE rules and regulations while on site and working with LEARNING SITE clients and staff.

b.    Ensure that their actions with the LEARNING SITE are safe, positive, productive and ethical.

c.    Advance the program and its objectives by providing support for the LEARNING SITE and/or its staff as necessary and agreed upon in Section II-A, Program Activities, of this document.

III.      STRUCTURE AND SUPPORT OF STUDENT LEARNING AT THE LEARNING SITE

A.   LEARNING SITE

  1. Site Supervision - The LEARNING SITE will provide a qualified supervisor, who has been identified in the student’s Learning Plan to be responsible for the safety and supervision of STUDENT while on site. The Supervisor will meet with the STUDENT regularly, as specified in the Learning Plan, to facilitate the learning experience for the STUDENT, provide support, and to review progress on assignments and/or activities. All LEARNING SITE program staff will support the STUDENT as they interact with them and provide guidance and advice as necessary and appropriate. A secondary supervisor will be responsible for the STUDENT in the absence of primary supervision.

a.    The LEARNING SITE supervisor will communicate at least twice per semester with the appropriate CSUMB staff or faculty member.

b.   The LEARNING SITE and/or their designee, shall meet with the appropriate CSUMB staff or coordinator, in order to facilitate the most mutually beneficial experience for all parties involved, or at the request of any of the parties involved.

2.  Training and Orientation – The LEARNING SITE supervisor will provide specific training needed by the STUDENT to perform the tasks and activities identified in the Learning Plan.

3.   Work Space - STUDENT will have an appropriate space at the LEARNING SITE in which to conduct their assigned work. The LEARNING SITE will provide access and training for any and all equipment necessary for STUDENT to fulfill their role.

4.   Evaluation/Field Assessment

a.    The LEARNING SITE supervisor will complete and return the required student evaluation regarding quality of service, research and/or work that the STUDENT provided to the LEARNING SITE at the end of each semester, or as agreed upon in the student’s Learning Plan.

b.   The LEARNING SITE supervisor will complete and return any required evaluations of the overall quality of service provided by CSUMB community engagement programs (e.g. research, service-learning, field study, etc.), but not more than twice annually.

B.   CSUMB

1. Site Placement: CSUMB will assign STUDENT to the LEARNING SITE through CSUMB academic departments, institutes and other University programs.

2. Training and Reflection – Staff of the appropriate CSUMB academic department, institute or program and/or CSUMB faculty will provide training for STUDENT regarding responsibilities in Section II and will provide opportunities for STUDENT to reflect upon their experience at the LEARNING SITE.

3.  Supervision and Accountability - The appropriate CSUMB program coordinator will work closely with the STUDENT, LEARNING SITE, and CSUMB faculty to meet the expectations and priorities of the LEARNING SITE.

IV. LENGTH OF AGREEMENT TERM

A.   Initial Term– CSUMB and LEARNING SITE have reached this agreement for a five (5) year period beginning with the date of execution of this agreement.

This agreement shall become effective upon execution.  Either CSUMB or LEARNING SITE may terminate this agreement after giving the other party 30 days advance written notice of the intention to terminate. In the case of early termination, a student may be allowed to complete their assignments as indicated in their Learning Plan.

B.   Renewal Process – This agreement may be renewed every five years upon written mutual agreement, and is based on STUDENT feedback, LEARNING SITE evaluations and CSUMB faculty desire to continue this relationship under the conditions that:

  1. The CSUMB and LEARNING SITE continue to be committed to actively supporting the goals of the other.
  2. The STUDENT work is meaningful and of benefit to the LEARNING SITE.
  3. The relationship is consistent with the mission of the LEARNING SITE, CSUMB, STUDENT and FACULTY.

GENERAL PROVISIONS

Indemnification

The LEARNING SITE shall be responsible for damages caused by the negligence of its directors, agents, employees and duly authorized volunteers occurring in the performance of this agreement. CSUMB shall be responsible for damages caused by the negligence of its directors, officers, employees and duly authorized volunteers occurring in the performance of this agreement. It is the intention of the LEARNING SITE and CSUMB that the provision of this paragraph be interpreted to impose on each party responsibility for the negligence of their respective directors, officers, employees and duly authorized volunteers.

Insurance

The LEARNING SITE shall procure and maintain General Liability insurance, comprehensive or commercial form with $1,000,000 minimum limit for each Occurrence and minimum limit of $2,000,000 General Aggregate, as mutually agreed upon for this placement agreement.

The California State University system has elected to be insured for its General Liability exposure through the self-insured CSU Risk Management Authority.

The State of California has elected to be self-insured for its vehicle liability and property exposures. As a State agency, the California State University, Office of the Chancellor, the Trustees, and the CSU system of campuses are included in this self-insured program.

Status of Student

Students shall at no time throughout this agreement be considered officers, employees, agents or volunteers of CSUMB.

Pandemic/Epidemic Considerations

LEARNING SITE is aware of and informed about the hazards currently known to be associated with the novel coronavirus referred to as “COVID-19”. LEARNING SITE is familiar with and informed about the Centers for Disease Control and Prevention (CDC) current guidelines regarding COVID-19 as well as applicable federal, state and local governmental directives regarding COVID-19. LEARNING SITE, to the best of its knowledge and belief, is in compliance with those current CDC guidelines and applicable governmental directives. If the current CDC guidelines or applicable government directives are modified, changed or updated, LEARNING SITE will take steps to comply with the modified, changed or updated guidelines or directives. If at any time LEARNING SITE becomes aware that it is not in compliance with CDC guidelines or an applicable governmental directive, it will notify CSUMB of that fact.

Governing Law

All contracts and purchase orders shall be construed in accordance with, and their performance governed by, the laws of the State of California. Further, the LEARNING SITE shall comply with any state or federal law applicable to LEARNING SITE’s performance under this Contract.

Assignments

Without written consent of CSUMB, this agreement is not assignable by the LEARNING SITE either in whole or in part.

Agreement Alternations and Integration

No alternation or variation of the terms of the agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

Endorsement

Nothing contained in this Agreement shall be construed as conferring on any party hereto any right to use the other party’s name as an endorsement of product/service or to advertise, promote or otherwise market any product or service without the prior written consent of the other parties. Furthermore, nothing in this Agreement shall be construed as endorsement of any commercial product or service by CSUMB its officers or employees.

Survival

Upon termination of this contract for any reason, the terms, provisions, representations and warranties contained in this agreement shall survive expiration or earlier termination of this agreement.

Severability

If any provision of this agreement is held invalid by any law, rule, order of regulation of any government, or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision not held to be invalid.

Entire Agreement

This agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, and supercedes all prior agreements, arrangements, and understandings with respect thereto. No representative, promise, inducement, or statement of intention has been made by any party hereto that is not embodied herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement not set forth herein

If modifications are needed to the University Agency Agreement, the agreement will need to be executed via PAPER CONTRACT.

PLEASE CLICK SUBMIT BELOW, AND CSUMB Procurement WILL CONTACT YOU TO EXECUTE A MODIFIED PAPER CONTRACT

LEARNING SITE

Final Instructions:

Once you hit submit you will not be able to modify this document.

The document will be sent to CSUMB Procurement for signatures and final execution.

Once the document has been executed you will receive a PDF of the signed document.